The Electricity (Early-Model Competitive Tenders for Onshore Transmission Licences) Regulations 2025
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Change 1
22 Treatment of payments and security on cancellation
(1) This regulation applies where an onshore transmission tender exercise is cancelled in accordance with regulation 20(2), 20(6) or 21. (2) Where the event in paragraph 1(k) of Schedule 7 is occurring or has occurred in respect of a qualifying project, the Authority must— (a) with respect to any payment that has been made by a bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder in accordance with these Regulations, including any interest which may have been accrued on the whole or part of that payment, not repay that payment wholly or in part, and (b) with respect to any security that has been provided by a bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder in accordance with these Regulations, including any interest which may have been accrued where that security provided is a monetary deposit, not release the security. (3) Subject to paragraph (4), where any of the events in paragraphs 1(a), 1(b), 1(c) or 1(d) of Schedule 7 or paragraphs 1(b) or 1(c) of Schedule 8 are occurring or have occurred in respect of a qualifying project, the Authority must— (a) with respect to any payment that has been made by a bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder in accordance with these Regulations, including any interest which may have been accrued on the whole or part of that payment, repay to the person who made the payment so much of the payment as remains after each tender party has recovered an amount determined by the Authority to be reasonable for the purpose of recovering each tender party’s tender costs, and (b) with respect to any security that has been provided by a bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder in accordance with these Regulations, including any interest which may have been accrued where that security provided is a monetary deposit, release the security. (4) Where— (a) any of the events in paragraph 1(a) of Schedule 7 or paragraphs 1(b) or 1(c) of Schedule 8 are occurring or have occurred in respect of a qualifying project, and (b) the delivery body has published a notice under regulation 10(1)(b) stating that the Authority will reimburse a qualifying bidder’s bid costs in accordance with this regulation, the Authority must reimburse a qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder that has neither withdrawn nor been disqualified so much of its bid costs that do not exceed the maximum amount stated in the notice.
22 Treatment of payments and security on cancellation
(1) This regulation applies where an onshore transmission tender exercise is cancelled in accordance with regulation 20(2), 20(6) or 21. (2) Where the event in paragraph 1(k) of Schedule 7 is occurring or has occurred in respect of a qualifying project, the Authority must— (a) with respect to any payment that has been made by a bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder in accordance with these Regulations, including any interest which may have been accrued on the whole or part of that payment, not repay that payment wholly or in part, and (b) with respect to any security that has been provided by a bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder in accordance with these Regulations, including any interest which may have been accrued where that security provided is a monetary deposit, not release the security. (3) Subject to paragraph (4), where any of the events in paragraphs 1(a), 1(b), 1(c) or 1(d) of Schedule 7 or paragraphs 1(b) or 1(c) of Schedule 8 are occurring or have occurred in respect of a qualifying project, the Authority must— (a) with respect to any payment that has been made by a bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder in accordance with these Regulations, including any interest which may have been accrued on the whole or part of that payment, repay to the person who made the payment so much of the payment as remains after each tender party has recovered an amount determined by the Authority to be reasonable for the purpose of recovering each tender party’s tender costs, and (b) with respect to any security that has been provided by a bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder in accordance with these Regulations, including any interest which may have been accrued where that security provided is a monetary deposit, release the security. (4) Where— (a) any of the events in paragraph 1(a) of Schedule 7 or paragraphs 1(b) or 1(c) of Schedule 8 are occurring or have occurred in respect of a qualifying project, and (b) the delivery body has published a notice under regulation 10(1)(b) stating that the Authority will reimburse a qualifying bidder’s bid costs in accordance with this regulation, the Authority must reimburse a qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder that has neither withdrawn nor been disqualified so much of its bid costs that do not exceed the maximum amount stated in the notice.
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